Mississippi Canyon Gas Pipeline, LLC

First Revised Volume No. 1

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Effective Date: 11/01/2009, Docket: RP10-12-000, Status: Pending

First Revised Sheet No. 84 First Revised Sheet No. 84

Superseding: Original Sheet No. 84

 

GENERAL TERMS AND CONDITIONS (cont'd)

 

 

 

7. CONTROL/FORCE MAJEURE

 

7.1 Control of Gas:

For the purpose of determining the liability of Transporter and

Shipper, respectively, Shipper shall be deemed to be in exclusive

control and possession of the gas to be transported (i) until

such gas has been actually received by Transporter at the Receipt

Point, and (ii) after the gas has been delivered to or for the

account of Shipper hereunder by Transporter at the Delivery Point.

Transporter shall be deemed to be in exclusive control and

possession of the gas transported hereunder after it is delivered

to Transporter at the Receipt Point and until it is redelivered to

Shipper at the Delivery Point. Title to that share of gas deemed

as lost-and-unaccounted-for gas hereunder shall pass to

Transporter at the Receipt Point or Shipper at the Delivery Point.

 

7.2 Responsibility and Liability:

 

The party deemed to be in control and possession of the gas to be

transported shall be responsible for and shall indemnify the other

party with respect to any losses, claims, liabilities, damages and

expenses, including court costs and reasonable attorney's fees

(except punitive, incidental, consequential or special damages),

arising therefrom except to the extent such losses, claims,

liabilities and expenses arise from the other party's sole, joint,

or concurrent negligence, or gross negligence, or intentional or

willful misconduct.

 

7.3 Force Majeure:

 

(a) In the event of either Transporter or Shipper being rendered

unable, wholly or in part, by Force Majeure to carry out its

obligations under the Transportation Service Agreement,

other than the obligation to make payments due thereunder

(including the payment of any applicable reservation

charges) it is agreed that, on such party giving notice and

full particulars of such Force Majeure in writing or by

email or by telephone (followed by written